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The Employee’s Attorney: Ohio Military Discrimination Lawyers

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God bless those that serve and protect our country, whether active, reserve or a veteran of the Army, Navy, Air Force, Marines, or Coast Guard, but military discrimination is a real problem when they return from service or training. There are employers that act illegally against the military men and women who dutifully serve our country. As horribly unpatriotic as this sounds, this type of military discrimination occurs every day in Ohio (including Cincinnati, Cleveland, Columbus, Toledo, Youngstown, and Dayton). But, thankfully, the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) provides that military personnel who qualify must be given their old jobs back upon return from service and it also prohibits discrimination based on an employee’s military service.

USERRA offers those who serve our Country several important rights and protections. First, it prohibits discrimination against those who have served based on their military status for hires, promotions or any benefits.

USERRA also requires employers to re-employ returning service members if the following five conditions are met:

The returning service member was in a civilian job;

The returning service member must have given notice that he or she was leaving the job in order to perform uniformed service, unless notice was impossible or impractical under the circumstances;

The period of service did not exceed five years;

The returning service member must not have received a dishonorable or other form of punitive discharge from the service; and

The returning service member must report back to work in a timely fashion after being discharged or submit a timely application for reemployment.

Returning service member have a greater protection than any other protected employee class because of USERRA. For six months after returning to work, an employee returning from military service of between 30 and 180 days cannot be fired by their civilian employer without cause. And, for returning employees who served for more than 180 days, their employers cannot terminate them for a full year after reemployment except for cause.

USERRA further provides that a service member returning to a job after a military leave under is entitled to the same level of seniority and job status that the service member would have obtained assuming no gap in employment for military leave. Stated more simply, your seniority still accrues even while you are serving in the service of our military.

If you are or were a military service member of the Army, Navy, Air Force, Marines, or Coast Guard, you may have a military discrimination claim if you find yourself saying:

My civilian job would not reemploy me when I completed my military service.

I was fired two months after returning from military service in the Army, Navy, Air Force, Marines, or Coast Guard.

My job would not let me keep my healthcare benefits while I was away for military service.

I was forced to use my vacation time to cover my reserve training.

I lost a promotion based on seniority while I was serving in the Army, Navy, Air Force, Marines, or Coast Guard.

My boss would not give me the training I missed when I returned from the Army, Navy, Air Force, Marines, or Coast Guard.

The company I work for would not give me a work accommodation after I was injured in the Army, Navy, Air Force, Marines, or Coast Guard.

My manager fired me after I complained about USERRA violations.

I want to sue for military discrimination.

I was told that I would not be promoted because I would be away too much for reserve training.

I was demoted after leaving for military training.

My civilian job wrongfully fired me a few weeks after I returned from active duty in the Army, Navy, Air Force, Marines, or Coast Guard.

I was fired today when I told my boss that I was being called up for active duty in the Army, Navy, Air Force, Marines, or Coast Guard.

Because we know that many clients are not able to afford the costs of litigation up front, we take on more cases on a contingency fee basis than most firms. Contingency fee agreements mean that the client need not pay any fee for legal services unless and until our employment attorneys recover money and/or results on your military status claim.

Frequently Asked Questions About Military Status Discrimination

Can My Boss Make Me Use Vacation Time While On Military Service Leave?

How Long Do I Have To Seek Reemployment After My Military Service Ends? When do I Have To Go Back To My Civilian Job After Being Discharged From The Army, Navy, Air Force, Marines, or Coast Guard?

What If I Do Not Timely Report To My Job After My Military Service Ends? Can I Be Fired If I Don’t Report Back To My Civilian Job In Time?

Are There Any Exceptions That Would Allow My Employer Not To Give Me My Job Back When My Military Service Ends? Is There Any Way That My Boss Still Could Stop Me From Coming Back To My Civilian Job?

What If I Am Not Qualified For A New Position Upon Return From Military Service?

What Employer Provided Benefits Do I Get Upon Returning From Military Service?

What If I Am Injured Or Become Disabled During Military Service?

What Type Of Damages Can I Get If My Employer Violates USERRA?

Can I Be Fired For Making A Claim Under USERRA?

I was fired because I used military leave; can I sue? Do I have a claim for USERRA violation or wrongful termination?

Military Status Discrimination Attorney: USERRA covers virtually all members of the Armed Force, including members of the Army, Navy, Air Force, Marines, Coast Guard, and Public Health Service commissioned corps, as well as members of the Reserves.

Military Status Discrimination Attorney: No. A civil employer is not permitted to require a military service member to use accrued vacation during a service-related absence. However, if the military service time occurs at the same time when all employees are required to use vacation time, such a plant shutdown, the employer can require the military service member to do the same. While the civil employer cannot force a military service member to use vacation time to serve in the Army, Navy, Air Force, Marines, or Coast Guard, USERRA allows the usage of vacation time during military service if it is at the employee’s request.

Military Status Discrimination Attorney: Under USERRA, a military member has a limited amount of time to seek reemployment from a civilian employer. For military leaves lasting 30 days or less, returning military members must report to their civilian job the next workday after returning from service, although this can be extended by eight hours for sleep and reasonable time to travel home. If the military leave was for 180 days or less (but over than 30 days), the returning military member is given 14 days to contact his or her civilian employer and request to return to work. And, if the military leave last for more than 180 days, the returning service member will have 90 days to notify the civilian employer of his or her intent to return to work. However, it is important to that that in situations involving injury or illness, USERRA gives up to two years after active service (and possibly longer) to recover before returning to work in a civilian job.

Military Status Discrimination Attorney: A returning member of the military who does not timely report back to his or her civilian job still cannot be outright fired or refused reemployment. Instead, the civil employer is still required to apply its general disciplinary protocols. For example, an employer that uses a point system can give the returning military services member points for each day that he or she is past the USERRA notification deadlines, and then fire the military service member only when the accumulated points would equate to termination under the company’s progressive discipline policy or other attendance protocols.

Military Status Discrimination Attorney: Yes, there are some exceptions. First, under most circumstances, a company is generally not required to give a military service member his or her job back upon completion of service if the military leave lasted more than five years. USERRA may not provide protection for military service members to return to short-term or temporary positions, such as through a temporary staffing agency. Additionally, a civil employer has the option of trying to prove that rehiring the military service member would be impossible or unreasonable under the circumstance; or would otherwise cause an undue hardship to the company.

Military Status Discrimination Attorney: Assuming that the service member is entitled to a promotion based on seniority upon returning but is not qualified for the position, USERRA requires that the civilian employer undertake reasonable efforts to train or otherwise help the returning employee in obtaining the needed qualifications and skills for the position. Now, if such training is not possible (which may give rise to a debate and a legal claim), USERRA mandates that the returning employee be placed the closest approximate position for which the employee is qualified or can become qualified through available training.

Military Status Discrimination Attorney: Under USERRA, a returning employee is entitled to the same level of benefits that that employee would have gained if the employee had not taken a leave from the job for military service, including medical benefits and pension benefits. In fact, the civilian employer is required under USERRA to continue providing these benefits to the employee while that employee is on military leave, with the employee being required to pay any portion that he or she would have had to pay if not on military leave.

Military Status Discrimination Attorney: USERRA addresses this situation and provides that an employer must make reasonable efforts to accommodate any disability or injury which occurred or was aggravated while on that military leave. If you are disabled, you may also have rights under the Americans with Disabilities Act (“ADA”) and the Family and Medical Leave Act (“FMLA”).

Military Status Discrimination Attorney: Employees may be entitled to a variety of damages for their employer’s violation of USERRA These may include injunctive relief in the form of reinstatement, compensation for lost wages and benefits; and additional liquidated damages if a court finds that the employer’s violation of the Act was willful. Because each case of military discrimination is different, it is best to meet with an employment law attorney to discuss your specific damages.

Military Status Discrimination Attorney: USERRA also has, like the other federal anti-discrimination laws, a provision which bars retaliation against employees who have reported or complained about discrimination based on military status. This means that after you have reported a USERRA violation, your boss, manager, or supervisor cannot take any further adverse actions against you.

Military Status Discrimination Attorney: Our employment attorneys have provided as much information as we possibly can on this website, but your particular chances to prevail on a claim for USERRA violation and wrongful termination cannot be properly evaluated without a discussion regarding the facts relating to your termination and employment situation. Because our employment law attorneys fight for employees’ rights every day, we offer a free initial consultation for Ohio claims. It is not worth guessing about your possible rights and claims when a call or filling out a submission to the right can get you a free answer.

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Our Recent Military Status Discrimination Attorney’s Blogs

Best Employment Attorneys’ Answer: Do I have to pay taxes on my race discrimination lawsuit? Should I report my gender and disability discrimination settlement to the IRS? Can I avoid paying taxes on the jury’s verdict on my sexual harassment claims?“Nothing is certain except death and taxes.” We have all heard this before and most of us have probably uttered this phrase once or twice. What most of don’t know is that this unfortunate truism has a long history in our country. It origins are found in a 1789 letter, in which Benjamin Franklin, who you may have heard of, penned that “Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.” Now, as a bit of a history

Best Ohio Employment Discrimination Lawyer Reply: How much is an employment lawsuit worth? Is it worth it to sue my old job for wrongfully firing me? What should I do if my boss is discriminating me at work because I’m a black woman?
As our employment discrimination attorneys are always blogging about, under both the federal Title VII of the Civil Rights Act of 1964 and Ohio’s R.C. § 4112.02(A) employees are protected from discrimination in the work place based on their race/color, religion, gender/sex, national origin, age, and disability. (See What Can I Do About Racist Customers? I Need The Top Race Discrimination Lawyers In Ohio!; Can My Boss Discriminate Against Me When I Get Pregnant? I Need The Top Lawyer In Ohio For Pregnancy Discrimination!;,and I Was Passed Up For A

Best Ohio Disability Discrimination Lawyer Answer: If I was fired today when I gave my manager a doctor’s note to be excused from work, can I sue my employer for wrongful termination? Can the company that I work for fire me for my serious medical condition if I take some a day off for doctor’s appointments? How do I get light duty at work for my injury?
As our employment discrimination lawyers have blogged before, the Americans with Disabilities Act (“ADA“) and R.C. § 4112.02(A) protect employer from being discriminated or retaliated against by their employers on the basis of their actual. (See Is My Job’s No Limitation Policy Legal?; Can I Be Fired For Going To The Doctor? - Call The Right Attorney; and Is It Wrongful Termination To Fire Disabled Workers?). Under these

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This employment law website is an advertisement. The materials available at the top of this page and at this employment law website are for informational purposes only and not for the purpose of providing legal advice. If you are still asking, “How do I get reinstated after serving in the U.S. military (Army, Navy, Air Force, Marines or National Guard)?”, “What should I do if I was fired while serving in the military?” “My boss discriminated against me because …” or “I was fired within a year of returning from the U.S. military (Army, Navy, Air Force, Marines or National Guard)? What should I do?” — It would be best for to o obtain advice with respect to any particular employment law issue or problem. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of The Spitz Law Firm, Brian Spitz, or any individual attorney.

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The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. This website and the materials contained herein are attorney advertising. The pictures depicted herein are reenactments and may not have been taken during actual events. Additionally, stock photographs were used to depict non-legal events. No actual client pictures are used on the website.